Costs: Litigation

This note looks at the right to claim interest in construction disputes in adjudication, arbitration and litigation. It considers the right at common law, under the terms of a contract or as an implied term under the Late Payment of Commercial Debts (Interest) Act 1998. The note also looks at interest claims in common construction disputes, such as claims for loss and expense, delay and disruption, and defects.

This practice note looks at how assessments of costs in litigation (both summary and detailed) work when there is a conditional fee agreement (CFA) with a success fee or legal expenses insurance that was entered into before 1 April 2013, or before or after that date in the following types of cases (the excepted cases): Insolvency-related proceedings. Publication and privacy proceedings. A mesothelioma claim. It considers the limits on recovery in these circumstances, the factors which the court will take into account when assessing costs, and the possibility of applying for a costs capping order. It does not cover the situation where disputes are settled without litigation or without costs being assessed. In those situations, the parties are free to agree the amounts of costs to be paid. Note that: On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, where a CFA is entered into on or after 1 April 2013, any success fee under that CFA will no longer be recoverable from the other side, save in the excepted cases. This has a significant impact on costs assessments in those cases (see Practice note, Conditional fee agreements entered into from 1 April 2013: costs assessments).

This practice note explains: The basis of the jurisdiction to award costs against non-parties. The guidelines for the exercise of the power generally and in specific situations. The procedure for seeking a non-party costs order. The effect of the order. It also deals with costs orders in favour of non-parties.

This note explains the basis of the court's power to cap costs, how it will decide whether or not to do so and the consequences for the parties.

A note considering costs management in litigation.

This note considers a question often raised - whether it is appropriate for a costs draftsman to sign a bill of costs or points of dispute. The conclusion is that, unless the costs draftsman has rights of audience and is conducting the case generally, it is probably not appropriate, and the note explains the various reasons why.

This note gives an explanation of what to expect on detailed assessment and the basis of assessment of costs. A separate Practice note, Detailed assessment: the procedure covers the detailed assessment process.

This note tracks implementation of each of Lord Justice Jackson's recommendations for reform of civil litigation costs (including those not formally presented as recommendations) in specific types of litigation. The note links to a separate note dealing with all other recommendations.

This Practice note stresses the importance of giving information to clients about costs. It summarises the requirements of the Solicitors Code of Conduct 2007, and other legal requirements, and provides suggestions for how best information on costs can be provided to the client, at the outset and throughout the retainer. Note: This note covers the requirements of the Solicitors Code of Conduct 2007 (in force from 1 July 2007 to 5 October 2011).  For the latest requirements, under the Solicitors Code of Conduct 2011, see the new version of this note, Practice note, Informing the client about costs: at outset of retainer and beyond. For details of the Solicitors Costs Information and Client Care Code 1999, see, Practice note, Informing the client about costs: at outset of retainer and beyond pre 2007.

This note considers the court's powers to award or disallow interest as a reward and a sanction in relation to: Offers to settle under Part 36. Non-compliance with a pre-action protocol. Delays in commencing a detailed assessment hearing.

This note summarises the key reforms to civil litigation costs arising from Lord Justice Jackson's recommendations that are likely to be of interest to environmental lawyers. It includes an explanation of the changes to environmental judicial review cases under the Aarhus Convention, such as protective costs orders (PCOs) and cross-undertakings in interim injunctions.

A tracker outlining anticipated key developments in litigation and alternative dispute resolution (ADR).

This practice note considers the effect of a party's misconduct on costs in litigation. It outlines the conduct leading to a penalty in costs and advises when to raise points of conduct. Note that there are separate practice notes on wasted costs (for costs orders against a party's legal representative), indemnity costs (which are often awarded for unreasonable conduct)  and costs and non-parties to litigation.

This practice note explains what a payment into court in litigation is and the timing and procedure for making such payments, including the documentation required. It links to the relevant forms. It also deals with payment out of court. The note also discusses interest and dealing with payments in foreign currency.

This Practice note provides an overview of the Solicitors' Code of Conduct 2007, which came into force on 1 July 2007 and applies to all solicitors practising in England and Wales. The Code replaced the rules of professional conduct contained in the Solicitors Practice Rules 1990 with effect from 1 July 2007. Note: The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC has published the following Practice notes on the SRA handbook: SRA Handbook 2011 and Code of Conduct. SRA Handbook 2011 and Code of Conduct: issues for property lawyers. SRA Handbook: ten top things for in-house lawyers to think about.  

The Solicitors' Code of Conduct 2007 and all other existing Solicitors Regulation Authority (SRA) rules have been rewritten and reformatted into a new SRA Handbook. The date for implementation of the Handbook is currently scheduled to be 6 October 2011. This Practice note highlights the ten key points that in-house lawyers need to consider in advance of its introduction.

This practice note explains when and how a party may obtain an order for wasted costs. It gives guidance on the situations when wasted costs may be sought and sets out the test that the court will apply when considering applications for wasted costs. It also contains a link to a summary in table form of cases in which wasted costs orders were made and in which they were refused.